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United India InsuranceCo.,Ltd., v. IchakolaRajaiah

Telangana HC11 Jul 2011MACMA/1240/2011

Case brief

AI extract

What is this about?

The present appeal disputes the Motor Accident Claims Tribunal's award of Rs. 1,62,000 for injuries sustained in a motor accident. The appellant argued that the Tribunal irregularly granted additional loss of earnings for the period pending the order, totaling Rs. 26,000. The court held that once loss of earnings was determined up to the date of the petition, reassessment for the pending period wa

What did the court decide?

Modified Tribunal award by deducting Rs. 26,000 for pending period; final award reduced to Rs. 1,36,000 with 7.5% interest; costs borne by each party.

United India InsuranceCo.,Ltd., Vs IchakolaRajaiah — Insurance | Telangana HC (2011)

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HON’BLE SRI JUSTICE N.R.L. NAGESWARA RAO

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M.A.C.M.A. No.1240 of 2011

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Date: July 11, 2011

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Between:

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United India Insurance Co., Ltd., Rep. by its Branch Manager, Mancherial, District Adilabad. … Appellant/ Respondent No.2

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And

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1. Ichakola Rajaiah & 2 others. … Respondents/

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Petitioner/ Respondent No.1

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HON’BLE SRI JUSTICE N.R.L. NAGESWARA RAO

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M.A.C.M.A. No.1240 of 2011

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JUDGMENT:

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This appeal is filed by the insurance company disputing the award of Rs.1,62,000/- granted towards injuries to the petitioner in a motor accident.

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2. According to the claim of the petitioner, on 16.4.1998 when the petitioner was going in an auto, lorry bearing No.MTG1622 belonging to the second respondent was driven in a rash and negligent manner and dashed against the auto, as a result of which the petitioner received multiple injuries and spent money for treatment and suffered disability.

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3. Respondents 1 and 2 remained ex parte and the appellant herein filed a counter putting the petitioner to strict proof of all the averments attributed to the driver of the lorry and also the nature of the

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injuries and the expenditure incurred by the petitioner. The disability is also disputed.

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4. On behalf of the petitioner, P.W.1 was examined and marked Exs.A-1 to A-8 and on behalf of the respondents, no evidence was adduced and Ex.B-1 policy was filed.

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5. After considering the evidence on record, the Tribunal passed an award for Rs.1,62,000/-.

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6. The learned counsel for the appellant contends that in paragraph No.10 of the judgment the Tribunal had assessed the income of the deceased and loss of earnings and also applied the multiplier as per the II Schedule and fixed the amount at Rs.1,08,000/-. But according to him, in paragraph No.12, for a period of four years four months the petitioner was again granted loss of earnings at Rs.500/- per month and granted an amount of Rs.26,000/- which is irregular.

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7. Evidently, once the disability and loss of earnings are determined from the date of petition itself under paragraph No.10, reassessment of loss of earnings pending the petition till passing of the order does not arise.

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8. Therefore, in view of the above circumstances, the granting of compensation of Rs.26,000/- is not tenable and accordingly the said amount has to be deducted. Accordingly, the amount of Rs.26,000/- is deducted and an award for Rs.1,36,000/- is passed with interest at 7.5 per cent.

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9. Accordingly, the appeal is disposed of modifying the award of the Tribunal to the extent indicated above. Each party do bear their own costs.

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Date: July 11, 2011.

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_______________________ N.R.L. NAGESWARA RAO, J

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BSB

United India InsuranceCo.,Ltd., v. IchakolaRajaiah

Case brief

What is this about?

What did the court decide?

United India InsuranceCo.,Ltd., v. IchakolaRajaiah

Case brief

What is this about?

What did the court decide?

What the court decided

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